What was Tenancy Tribunal case 5019908 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5019908?

Cleaning: $3,896.20 awarded to landlord; Cleaning: $12,486.70 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $105.00 awarded to landlord; Doors And Painting: $15,282.97 awarded to landlord; Rubbish Removal: $251.50 awarded to landlord; Rubbish Removal: $895.00 awarded to landlord

What type of tenancy dispute was case 5019908?

The primary dispute was Cleanliness. Related themes: Property damage.

Where can I read the official tribunal order for case 5019908?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11091246-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5019908 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5019908?

Cleaning: $3,896.20 awarded to landlord; Cleaning: $12,486.70 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $105.00 awarded to landlord; Doors And Painting: $15,282.97 awarded to landlord; Rubbish Removal: $251.50 awarded to landlord; Rubbish Removal: $895.00 awarded to landlord

What type of tenancy dispute was case 5019908?

The primary dispute was Cleanliness. Related themes: Property damage.

Where can I read the official tribunal order for case 5019908?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11091246-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5019908 — Cleanliness

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New Zealand Tenancy Tribunal Case 5019908 — Cleanliness | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5019908 — net $32,632.37 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$251.50	Rubbish removal
Rubbish removal: Car	$895.00	Rubbish removal: Car
Lock/key replacement	$105.00	Lock/key replacement
Meth testing/Cleaning	$3,896.20	Meth testing/Cleaning
Meth testing/Cleaning	$12,486.70	Meth testing/Cleaning
Repairs: Doors and Painting	$15,282.97	Repairs: Doors and Painting
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$32,632.37
Total payable by Tenant to Landlord	$32,632.37

Claims and awards for application 5019908 — net $32,632.37 NZD. Verify on MoJ.

Rubbish removal

Amount: $251.50
Awarded to: Landlord
Reason: Rubbish removal

Rubbish removal: Car

Amount: $895.00
Awarded to: Landlord
Reason: Rubbish removal: Car

Lock/key replacement

Amount: $105.00
Awarded to: Landlord
Reason: Lock/key replacement

Meth testing/Cleaning

Amount: $3,896.20
Awarded to: Landlord
Reason: Meth testing/Cleaning

Meth testing/Cleaning

Amount: $12,486.70
Awarded to: Landlord
Reason: Meth testing/Cleaning

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the parties’ names and identifying details.
[The tenant/s] must pay [The landlord/s] $32,632.37 immediately, calculated as shown in table below. DescriptionLandlord Rubbish removal$251.50 Rubbish removal: Car$895.00 Lock/key replacement$105.00 Meth testing/Cleaning$3,896.20 Meth testing/Cleaning$12,486.70 Repairs: Doors and Painting$15,282.97 Filing fee reimbursement$27.00 Total award$32,944.37 Bond$312.00 Total payable by Tenant to Landlord$32,632.37
The Bond Centre is to pay the bond of $312.00 ([Bond number suppressed]) to [The landlord/s] immediately.
A claim for a window repair is dismissed and the landlord’s claim for cleaning costs was withdrawn at the hearing.

Reasons

Both parties attended the hearing.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
This is an unfortunate case. This was the tenant’s first home after a long period of homelessness. The tenancy went well until the tenant allowed a friend and his partner to stay earlier this year. At about that time, the tenant’s former partner was struggling, so he spent more time at her property supporting her and their children.
The tenant’s friend has caused damage and methamphetamine contamination. The landlord accepted and endorsed the tenant’s explanation for the damage, how most of it was caused and who caused it. The tenant accepted that he is responsible for damage caused by his friend, including the methamphetamine contamination. He did, ultimately, remove his friend from the property but the damage had already occurred.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The tenant did not return the keys. The landlord provided photographs and receipts for costs claimed.
The amounts ordered are proved.
The landlord withdrew a claim for general cleaning at the hearing.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
The landlord provided photographs, receipts ad methamphetamine testing results. The tenant acknowledged and apologised for the damage to the premises. He did not dispute the claims.
The evidence establishes that there was methamphetamine contamination which constitutes damage. The landlord provided an in-going screening report and a detailed out-going report. The out-going results report methamphetamine levels well above the 15 mcg/100 cm2 level the Tribunal applies when considering whether the premises have been “damaged”.
I have awarded the amounts claimed, except in relation to an aluminium joinery repair. The damage appears to have occurred by someone trying to enter by force from outside. I am not satisfied that damage was caused by someone at the premises with the tenant’s permission.
The landlord the successful party, so I have awarded reimbursement of the Tribunal application fee. I have granted suppression of both parties’ details; the landlord is entitled to suppression. The landlord also supported suppression of the tenant’s details because of the background factors set out in paragraphs 3 and 4.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5019908 — net $32,632.37 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$251.50	Rubbish removal
Rubbish removal: Car	$895.00	Rubbish removal: Car
Lock/key replacement	$105.00	Lock/key replacement
Meth testing/Cleaning	$3,896.20	Meth testing/Cleaning
Meth testing/Cleaning	$12,486.70	Meth testing/Cleaning
Repairs: Doors and Painting	$15,282.97	Repairs: Doors and Painting
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$32,632.37
Total payable by Tenant to Landlord	$32,632.37

Claims and awards for application 5019908 — net $32,632.37 NZD. Verify on MoJ.

Rubbish removal

Amount: $251.50
Awarded to: Landlord
Reason: Rubbish removal

Rubbish removal: Car

Amount: $895.00
Awarded to: Landlord
Reason: Rubbish removal: Car

Lock/key replacement

Amount: $105.00
Awarded to: Landlord
Reason: Lock/key replacement

Meth testing/Cleaning

Amount: $3,896.20
Awarded to: Landlord
Reason: Meth testing/Cleaning

Meth testing/Cleaning

Amount: $12,486.70
Awarded to: Landlord
Reason: Meth testing/Cleaning

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the parties’ names and identifying details.
[The tenant/s] must pay [The landlord/s] $32,632.37 immediately, calculated as shown in table below. DescriptionLandlord Rubbish removal$251.50 Rubbish removal: Car$895.00 Lock/key replacement$105.00 Meth testing/Cleaning$3,896.20 Meth testing/Cleaning$12,486.70 Repairs: Doors and Painting$15,282.97 Filing fee reimbursement$27.00 Total award$32,944.37 Bond$312.00 Total payable by Tenant to Landlord$32,632.37
The Bond Centre is to pay the bond of $312.00 ([Bond number suppressed]) to [The landlord/s] immediately.
A claim for a window repair is dismissed and the landlord’s claim for cleaning costs was withdrawn at the hearing.

Reasons

Both parties attended the hearing.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
This is an unfortunate case. This was the tenant’s first home after a long period of homelessness. The tenancy went well until the tenant allowed a friend and his partner to stay earlier this year. At about that time, the tenant’s former partner was struggling, so he spent more time at her property supporting her and their children.
The tenant’s friend has caused damage and methamphetamine contamination. The landlord accepted and endorsed the tenant’s explanation for the damage, how most of it was caused and who caused it. The tenant accepted that he is responsible for damage caused by his friend, including the methamphetamine contamination. He did, ultimately, remove his friend from the property but the damage had already occurred.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The tenant did not return the keys. The landlord provided photographs and receipts for costs claimed.
The amounts ordered are proved.
The landlord withdrew a claim for general cleaning at the hearing.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
The landlord provided photographs, receipts ad methamphetamine testing results. The tenant acknowledged and apologised for the damage to the premises. He did not dispute the claims.
The evidence establishes that there was methamphetamine contamination which constitutes damage. The landlord provided an in-going screening report and a detailed out-going report. The out-going results report methamphetamine levels well above the 15 mcg/100 cm2 level the Tribunal applies when considering whether the premises have been “damaged”.
I have awarded the amounts claimed, except in relation to an aluminium joinery repair. The damage appears to have occurred by someone trying to enter by force from outside. I am not satisfied that damage was caused by someone at the premises with the tenant’s permission.
The landlord the successful party, so I have awarded reimbursement of the Tribunal application fee. I have granted suppression of both parties’ details; the landlord is entitled to suppression. The landlord also supported suppression of the tenant’s details because of the background factors set out in paragraphs 3 and 4.

Tenancy Tribunal case 5019908 — Cleanliness

At a glance

Tenancy Tribunal case 5019908 — Cleanliness

At a glance

Award balance

Claims & awards

Order

Reasons

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions